Following a Match Review Panel meeting held on 11 February 2013, you are charged with misconduct for a breach of Law 15.1(a) during the above Match.
The Panel reviewed an incident which occurred in approximately the 2nd minute of the Match. You were dismissed from the field of play by the Match Referee following this incident. In the Panel’s opinion you made intentional late contact with your opponent (Fages) using your shoulder after the ball had been passed and made direct contact with his head. The Panel believed that this conduct was against the spirit of the game and that your conduct had the potential to cause serious injury to your opponent.
In accordance with the RFL’s On Field Sentencing Guidelines, the Panel consider that such offence is a Grade D offence (Strikes – Strikes with hand, arm or shoulder – Intentional). If found to have committed the offence, again in accordance with the On Field Sentencing Guidelines, the normal suspension range for such offence is from a 3 to a 5 match suspension. In addition the Tribunal has the power to impose such fine as it considers reasonable.

Summary of Player's submissions on the Charge / evidence

David Waite speaking on behalf of the player states that there was certainly contact with Julian Bousquet’s shoulder and the opponent Theo Fages head. Mr Waite states that this was an unavoidable contact which was careless in its nature but certainly not intentional. The coach states that inside pressure should be applied to make an opponent either pass or kick or make a decision on the fifth tackle. Mr Bousquet runs in an arc and certainly does not step into his opponent, Mr Fages but is merely moving towards the ball and collides with him. There is no deliberate attempt to be late in this instance. Mr Bousquet would use his right shoulder if he wished to hit Mr Fages hard as this is his dominant tackling shoulder. Mr Bousquet actually makes contact his opponent, Mr Fages with his left as he is moving towards the ball. The size of the respective player’s results in this unfortunate collision.

Decision

Guilty

Reasons for Decision

The committee have viewed this incident very carefully. The committee accept that Mr Bousquet is running an arc to apply in side pressure. However the committee also note that the Mr Bousquet is some 3 to 4 metres away when his opponent Mr Fages passes the ball and whilst the committee feel that a contact may have occurred, the type of collision could certainly have been modified in that distance. Mr Bousquet’s eyes are still following the opponent Mr Fages when he has passed the ball and only deviates almost when he is about to make contact with his opponent. The committee state that looking at the geometry of the play the left shoulder was certainly the only one available to Mr Bousquet to use in this instance. The committee note that you are inexperienced at Super League however you have been playing Rugby League for some considerable time. The committee are quite satisfied that the contact was deliberate and that the charge is proved.

Decision On Sanction (where found to have committed Misconduct)

Summary of CM's submissions on the appropriate sanction

No further submissions

Summary of Player's submissions on the appropriate sanction

The player has never appeared before a disciplinary tribunal or even been sin binned or sent off in his young career. The player has never shown any intentions of being malicious.

Aggravating Factors

Opponent was seriously injured.

Mitigating Factors

Clean disciplinary record

Reasons for Decision

The committee have taken into account the admittance that there was contact to Mr Fages’s head from Mr Bousquet’s shoulder albeit that it was an unavoidable contact. The player does have a clean record which is to the players credit albeit the opponent was seriously injured is a major aggravating factor to the committee. The committee feel that a 4 match suspension and a £300 fine is appropriate.

The Rugby Football League Limited is a company registered in England and Wales with company number 3845473. The registered address is Red Hall, Red Hall Lane, Leeds, LS17 8NB. The VAT Registration Number of The Rugby Football League Limited is 168 8110 49